Tag Archives: Life estate

Where a judge awarded a defendant attorney and his co-defendant law firm judgment notwithstanding the verdict after a jury awarded a plaintiff client $100,000 in a legal malpractice suit, the verdict must be reinstated based on the harm suffered by ...

Where a debtor has moved to avoid judicial liens, the motion must be allowed given that enforcement of the liens would impair the debtor’s homestead exemption. “… [Douglas] Grasso maintains that the Debtor’s interest in the property is a remainder ...

Where a trust granted a defendant a life estate, the defendant possesses a life estate in the remainder interest of the trust, which can be exercised only after the life estates of her two sisters have terminated. “Donna L. Brennan ...

Where debtors seek to prevent the Chapter 7 trustee from amending a trust document to permit him to sell certain real estate upon which they have a valid homestead exemption in a life estate, the debtors’ opposition must fail, as their power to amend constitutes a property interest of the bankruptcy estate.

Where Chapter 7 debtors have claimed a homestead exemption, the debtors are entitled to homestead protection for their life estate interest beyond the automatic $125,000 homestead exemption provided for in G.L.c. 188, §4.

Where a judge found that a widow received a life estate/term estate in the marital home that would terminate either upon her death or the sale of the property and that she was not entitled to any proceeds from the sale, the judgment must be vacated as to the sale issue.

Where a judge terminated a defendant’s life estate based on a finding that he committed waste and (2) awarded damages to the plaintiff holder of a remainder interest, the damages award was proper but the judge erred in granting the defendant a one-third tenancy in common interest in the property.